(영문) 창원지방법원 2018.10.11 2018노1663 | 리걸엔진

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(영문) 창원지방법원 2018.10.11 2018노1663

준강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant committed the instant crime with mental and physical weakness under the influence of alcohol.

2) The lower court’s sentence that is unfair in sentencing (for six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, and 613 high group of 2017) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children, juveniles, or persons sentenced to punishment for sex offenses subject to judgment ex officio, shall be determined within the limit of 10 years in consideration of the severity of the offense, risk of recidivism, etc. while the court sentenced the punishment for individual sex offenses, and Article 3 of the Addenda of the above Act provides that “The amended provisions of Article 56 shall apply to persons who have committed sex offenses before July 17, 2018, which is the date the above Act enters into force, and who have not received the final judgment.” Thus, the above amended Act shall also apply to this case.

However, the defendant's argument of mental and physical weakness is still subject to a trial by the party, despite the above reasons for reversal of authority, and the following is determined.

3. In light of the circumstances and contents of each of the instant crimes established by the evidence duly adopted and examined by the lower court, and the Defendant’s speech and behavior to the victims of each of the instant crimes, the Defendant was in a drunken state at the time of each of the instant crimes.

Even if so, there was a lack of ability to discern things or make decisions.

It is difficult to recognize.

유사 판례

-대전고등법원 (청주) 2018.11.08 2018노89

-부산지방법원 2018.10.26 2018노3050

-대전고등법원 (청주) 2018.10.25 2018노82

-수원지방법원 2018.11.08 2018노3286

-수원지방법원 2018.09.11 2018노4065